Kelly Rutherford talks lost time with her children as she continues custody dispute

by 08/10/2015 19:59:00 0 comments 1 Views

By Dailymail.com Reporter

Published: 22:16 GMT, 8 October 2015 | Updated: 23:59 GMT, 8 October 2015

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Kelly Rutherford is opening up about her bitter custody dispute.

The 46-year-old star recently talked about the lengthy litigation process between her and ex-husband Daniel Giersch.

The former star of Gossip Girl outlined how draining the process has been on her emotionally and financially in the latest issue of Vanity Fair.

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Opening up: Kelly Rutherford - pictured at a film premiere in New York in December 2014 - discussed her bitter custody battle in the November issue of Vanity Fair as she said: 'My children and I have lost years of dailiness. How do you get those years back?'

Opening up: Kelly Rutherford - pictured at a film premiere in New York in December 2014 - discussed her bitter custody battle in the November issue of Vanity Fair as she said: 'My children and I have lost years of dailiness. How do you get those years back?'

Perhaps the most heartbreaking thing Kelly said about the process was: 'My children and I have lost years of dailiness. How do you get those years back? 

'There is no way I am not going to fight to get my children back.'

She also shared horror stories from her relationship with her 41-year-old entrepreneur ex-boyfriend as she claims he was 'subtly verbally abusive' and alienated her from her loved ones including her parents and brother.

The blonde actress said that she did not want any money from the German businessman but instead wanted to be co-parents to their eight-year-old son Hermes and his six-year-old sister Helena.

Ouch: The 46-year-old actress is embroiled in a custody dispute with Daniel Giersch - as they are pictured together with their son Hermes in New York in October 2008 -  he brought their two children to live with him in Monaco after their divorce

Ouch: The 46-year-old actress is embroiled in a custody dispute with Daniel Giersch - as they are pictured together with their son Hermes in New York in October 2008 -  he brought their two children to live with him in Monaco after their divorce

Kelly said she did not even ask for full custody but things became increasingly complicated after their divorce and Giersch brought the two youngsters to live with him in Monaco.

'Divorce is a total racket — let’s call it what it is,' Kelly explained. 'Everyone's making tons of money off of stupid people who don’t settle out of court… And for somebody like my ex-husband, [who has] unlimited funds, who sued Google, this is just his sort of side fun project.' 

The process has been so taxing on her finances that she was forced to file for bankruptcy in May 2013 after seven years of litigation fees reportedly totalling around $1.4million.

She went to Europe last month to fight in the Monaco courts for custody of her eight-year-old son and his six-year-old sister.

Reunited: Kelly got to spend time with her children, eight-year-old Hermes and six-year-old daughter Helena over the summer, as they were spotted together in New York back in July

Reunited: Kelly got to spend time with her children, eight-year-old Hermes and six-year-old daughter Helena over the summer, as they were spotted together in New York back in July

She and her ex-husband have been embroiled in a long and bitter dispute since they split while the actress was pregnant with Helena.

Hermes and Helena live with Giersch in Monaco and France - something that she is challenging.

The star lost residency of her children in 2012 when a California judge allowed Giersch to relocate with them to Europe because his U.S. work visa had been revoked.

The court's decision was initially supposed to be for two years until Giersch was able to apply for a new visa, which he has yet to do according to the U.S. State department.

Marathon: The former couple have been in litigation for around seven years, as Kelly is pictured outside a courthouse in Santa Monica in January of 2009

Marathon: The former couple have been in litigation for around seven years, as Kelly is pictured outside a courthouse in Santa Monica in January of 2009

Empty pockets: The process has been so taxing on her finances that she was forced to file for bankruptcy in May 2013 after seven years of litigation fees reportedly totalling around $1.4million, as the family were pictured together in LA in April of 2007

Empty pockets: The process has been so taxing on her finances that she was forced to file for bankruptcy in May 2013 after seven years of litigation fees reportedly totalling around $1.4million, as the family were pictured together in LA in April of 2007

After winning the right to have Hermes and Helena spend five weeks with her this summer, Rutherford, 46, refused to send them back as scheduled to their father.

On August 11, a Manhattan judge ordered her to hand them over to their paternal grandmother who took them back to Monaco.

Courts in California and New York have said that Monaco has jurisdiction in the case since the two youngsters reside there. 

Signature role: She is best known for her work on six seasons of Gossip Girl, her co-star Ed Westwick (pictured left) has been one of her biggest surpporters through the custody dispute process

Signature role: She is best known for her work on six seasons of Gossip Girl, her co-star Ed Westwick (pictured left) has been one of her biggest surpporters through the custody dispute process

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